by Kyle Thompson

SunCoke Energy Middletown Operations has offered Monroe a settlement agreement to end their four-year legal battle. According to the proposal, SunCoke would implement emission controls to reduce air pollution from the coke-making process. 

The proposed settlement agreement includes:

- Middletown Coke would implement and operate a $1 Million dust control system to minimize dust emissions from its coal piles. This requirement, which would be enforceable by Monroe, would benefit nearby residents by reducing airborne dust levels. As an additional dust control, Middletown Coke agrees to maintain a ten-foot high berm around its outdoor coal piles and to maintain a wind-screen of pine trees on top of the berm. These measures would reduce dust emissions from the coal piles by 90-99%.

- Middletown Coke would implement specified emission reduction practices in the event of pollution control equipment malfunctions that result in uncontrolled air pollution emissions. During any malfunction lasting more than 24 hours, Middletown Coke would reduce the amount of coal it processes in the ovens in order to reduce the level of pollutants released to the atmosphere. Middletown Coke would also provide Monroe with copies of all malfunction reports filed with Ohio EPA or the Southwest Ohio Air Quality Agency, so that Monroe can monitor any malfunctions that occur.

- Middletown Coke would pay for the installation and operation of an additional air monitor to measure airborne levels of sulfur dioxide in Monroe. The monitoring device would be operated and maintained by the Southwest Ohio Air Quality Agency and would be sited at a location at which the highest sulfur dioxide concentrations are expected.

- Middletown Coke agrees to pay Monroe $1.15 Million. This sum will cover substantially all of Monroe's legal fees and expenses in connection with the four-year battle over the coke plant.

- Middletown Coke agrees to conduct an additional emissions test to assess whether it is in compliance with all requirements of its permit.

- Middletown Coke agrees to plant trees and other vegetation on its property to reduce the visual impact of the coke plant and to reduce dust emissions on neighboring properties.

- Middletown Coke agrees to notify the Monroe City Manager of any applications for new permits, permit changes, or changes in its Startup, Shutdown, and Malfunction Plan ("SSM Plan). The SSM Plan includes measures that the Coke Plant will take to minimize emissions during plant startup, shutdown, or malfunctions.

The first reading was approved by a 6-1 vote to accept the settlement, with Councilwoman Suzi Rubin dissenting. Council will have the second reading scheduled for May 22. If the settlement is approved, the result would be a dismissal of the Ohio Environmental Review Appeals Commission's appeal and a dismissal of all remaining federal issues. In addition, SunCoke would reimburse Monroe for legal fees.

“We are hopeful that we can work with the city of Monroe to address their concerns about our Middletown operations in a way that preserves jobs, maintains economic development, and continues our long-standing tradition of environmental stewardship,” says Anna Rozenich, SunCoke Energy's spokeswoman.